Том 14

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Browsing Том 14 by Subject "article"

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    Doxing: the Sandy Hook case study
    (2024) Bulgakova, Daria
    This article aims to contribute to the doxing problem concerning the interpretation of this phenomenon and the provision of anti-doxing measures. The author argues that doxing is a social practice of searching and disclosing adverse events and party information on the internet and is based on people’s original intention of justice to let the public understand the facts and truth. However, doxing can influence online audience behavior and shift the results of public opinion polls. The case study on Sandy Hook aims to illustrate doxing and highlights the value of sifting through the information that people receive from various sources. The research exemplifies the negative consequences of doxing, particularly for the victims, whose children were tragically killed, as conspiracy theorist Alex Jones exacerbated the situation by portraying the Sandy Hook shooting as a hoax. Thus, the author suggests the adoption of cyber liability policies and the implementation of cyber insurance to mitigate the risks of doxing. Such measures can also help protect individuals from the potential harm caused by the destructive practice of unregulated media and internet exposure. It is important because, considering the factors of the case study, the coverage of doxing is also shaped by a multifaceted discourse encompassing identity theft, armed conflicts, political issues, cyber trolling, ethical dilemmas in media practices, public health implications, and even social inequality. This discourse has not only sustained the initial wave in the scope of defamation but also plays a key role in studying the evolution of doxing and shaping its understanding among readers.
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    Targeting of the protected group's leadership and otherwise representative members as an indicator of genocidal intent
    (2024) Vishchyk, Maksym
    Genocide, i.e., acts committed with the intent to destroy a national, ethnic, religious or racial group, does not require the complete annihilation of every individual member of the group. Instead, genocidal intent can manifest in two forms: to destroy the group in whole or in part. The notion of “partial destruction” remains one of the most complex concepts in the law of genocide. Among other scenarios, it can occur through the destruction of the group’s representative members, selected because of the impact their disappearance would have on the group’s survival. Leaders of the group can qualify as representative individuals; therefore, their complete or partial destruction can be a strong indicator of genocidal intent (the so-called "leadership factor"). This article examines the origins and essence of the leadership factor in the law of genocide. Based on the analysis of all international case law relevant to defining the leadership factor, it concludes that the definition of leadership may include various individuals (e.g., political, administrative, religious, cultural, or intellectual figures) who, due to their position or special characteristics, can significantly influence the group’s actions or opinions. The significance of leadership for the group’s functioning and existence, as well as the composition of leadership, will vary depending on the specific protected group targeted for destruction. The article also highlights criticism of the leadership factor by certain commentators for its vague nature, which opens the door to speculative assessment. Finally, the article analyses the loopholes in applying the leadership factor in international jurisprudence and reaches three key conclusions. First, it is important to assess the impact of the leaders’ disappearance on the existence of the group as a social unit, not just the physical survival of its members. Second, although leaders as a standalone category may, in some instances, potentially qualify a substantial part of the group, their destruction more often should be seen as an indicator of an intent to destroy a territorially limited substantial part of the group (e.g., a community), whose substantiality must be assessed in relation to the group as a whole. Third, the finding of genocide does not necessarily require an ex post facto assessment of the impact that the destruction of leaders had on the survival of the group; depending on the context, assessing the potential impact may suffice to evaluate the intent.